Treat Transgenders with Compassion, Malaysian AIDS Council Urges

Kuala Lumpur, 17 October 2012 – Malaysian AIDS Council (MAC) stands in solidarity with the four transgender persons who lost their bid in challenging the ban on Muslim men to dress and pose as women under Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment. The judgment was passed on 11 October 2012.

While MAC respects the decision of the Negeri Sembilan Syariah court, we firmly believe that every Malaysian is entitled to equal protection and dignity under the country’s Constitutional Rights. We fear that this judgment could lead to increased stigma as well as acts of persecution and discrimination by authorities, especially from the enforcement officials of the religious department.

We are deeply concerned about the negative impact of the judgment on the greater transgender community. Much like everyone else, transgenders too are productive members of society. They are capable of contributing positively to the community at large and they have families to support. Denying their gender identity or expression will only cause them to live their lives in constant fear, and limit their opportunities to attain meaningful livelihoods. At MAC, we believe in compassion – the universal value that guides all our actions and responses – and strive to eliminate environments that breed intolerance, persecution and penalisation of marginalised communities.

MAC also strongly objects to the court’s insinuation that being a transgender will increase the person’s vulnerability to HIV infection. Gender identity or sexual orientation does not predispose one to HIV; unsafe sexual practices do.

Therefore, to address misconceptions of HIV and to increase awareness, information and empathy towards transgender people and other sexual minorities, MAC and its Partner Organisation, PT Foundation, welcome the call by Justice Siti Mariah Ahmad to work closely with the religious authorities of Negeri Sembilan. We believe this engagement is a step in the right direction to remove all structural barriers to health equities – particularly gender and sexuality-based discrimination - that have been known to negatively affect access to HIV prevention, treatment, care and support services.

Transgender people have rights too!

PRESS STATEMENT BY THE TRANS COMMUNITY

We, the transgender community, are very disappointed, distraught and disheartened with the unfavourable verdict of Justice Datuk Siti Mariah Ahmad on 11th of October 2012 in the High Court at Seremban, where the Judge held that section 66 of the Syariah Criminal (Negeri Sembilan) Enactment 1992 excludes our fundamental liberties under the Constitution.

We are saddened to hear that the court has ruled in favour of the State and its officials, thus condoning discrimination and violence on grounds of gender identity.

We are also shocked by the reliance on Islamic texts in her ruling to justify the existence of the law when it is the Constitution that is the supreme law of Malaysia. We seek a review of the constitutionality of the law as we believe that section 66 and other similar laws are inconsistent with our freedom of expression, right to non-discrimination, dignity, privacy and right to livelihood.

We believe the court erred in its decision in failing to consider all medical evidence and overlooked the mistreatment and violence that the transwomen in Negeri Sembilan have been subjected to because of this law.

Joint Statement: Sexuality education preferable to gay guidelines

This joint statement was released by:

Voice of the Children (VoC)
Yayasan Chow Kit (YCK)
PS The Children (PSC)
Malaysian Child Resource Institute (MCRI)

We urge the government to implement sex and sexuality education in schools instead of lesbian, gay, bisexual and transgender (LGBT) guidelines that may cause discrimination and bullying against children.

Instead of instituting restrictive gender roles in schools, children should be given comprehensive sex education so that they can express themselves freely on sexuality and gender issues.

The federal constitution states that there shall be no gender discrimination against Malaysian citizens.

The United Nations' Convention on the rights of the child (CRC), of which Malaysia is a signatory, also states that the government must ensure that children are protected against all forms of discrimination.

These LGBT guidelines are inaccurate and only promote stereotypical gender roles. Issuing such guidelines will promote hatred and rejection against children who do not conform to gender stereotypes.

Such children may be ostracised by their peers. This will impact their psychological growth and self development as they are not able to learn in a safe environment.

Comprehensive sex education should comprise topics on gender, sex, and sexuality. 

Children should be taught about gender identity, the emotional effects of healthy peer relationships, as well as the various forms of sexuality.

This will not necessarily lead to children becoming sexually active or becoming homosexual.

Instead, it will help children understand their bodies better and make informed decisions on sex and sexuality.

The CRC states that children must be allowed to develop to their fullest potential.

Hence, the government should educate them instead of trying to identify gay children and singling them out for condemnation. 

It is essential that any guideline or policy developed be in the best interest of the child.

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For further reading and commentaries, please visit article originally posted in Malaysia Kini here. 

Are the gay guidelines necessary?

by Hema Krishan

I’m infuriated over the ridiculously put together tell tale signs of detecting homosexuality in school children; it is nothing but pure hogwash. I’m sure many Malaysians agree with me. Some, still, think of it as a bad joke and others are saying that it is against human rights.

A clear case of misplaced priority

by Jeswan Kaur

For some mysterious reasons, the LGBT community has become the BN government's enemy number one.

The federal government’s paranoia over the existence of lesbians, gays, bisexuals and transgenders (LGBT) has reached boiling point, with the Education Ministry gladly endorsing a Putrajaya guideline on how to witch-hunt this community.

If previously BN’s homophobic politicians spared no effort in screaming their lungs out when gay performers like Elton John and Adam Lambert turned up on Malaysian shores to entertain their fans, the federal government’s on-going attack on the LGBT community has now taken a turn for the worst.

On Sept 13, Chinese newspaper Sin Chew Daily reported that the Education Ministry had endorsed a parenting guide that describes symptoms of homosexuality purportedly for the benefit of parents and teachers.

The guide was launched during a seminar in Penang on Sept 12. The event, billed as “Parenting in addressing the issue of LGBTs (lesbians, gays, bisexuals and transgenders)”, was officiated by Deputy Education Minister Mohd Puad Zarkashi.

We are all gay…

By Azrul Mohd Khalib
An opinion piece published in The Malaysian Insider, Sept 18, 2012 on

SEPT 18 — Let’s see.

I often wear fitted, V-necked T-shirts. I can’t lay claim to having a muscular body but I am working out at the gym and lifting weights so that’s a work in progress. I did have to fight it out with a girl over a really nice bag this one time. 

Ergo according to the Ministry of Education-endorsed (yes, despite their denials) guidelines/awareness material, I must be gay. 

This latest move by the Yayasan Guru Malaysia Bhd (Teachers’ Foundation of Malaysia) and the Putrajaya Consultative Council of Parents and Teachers Associations is quite simply steeped in ignorance, bigotry and clearly homophobic. 

Lest we forget, back in April this year, the Jaringan Melayu Malaysia (JMM) had announced a nationwide campaign to 30 schools to campaign against lesbian, gay, bisexual and transgender minorities utilising an awareness module targetting students. They misused their positions as parent-teacher association members to gain access to schools for this purpose.

Could this recent programme be an insidious reincarnation of that same movement, now clothed in the skin of the Yayasan Guru Malaysia Bhd and the Putrajaya Consultative Council of Parents and Teachers Associations? It seems like it. Quite successfully too as according to the foundation, they have managed to organise 10 seminars thus far which have reached 1,500 people.

I continue to be disturbed by this misuse of our education system to channel and cultivate fear, hate, prejudice and discrimination towards others who do not conform to stereotypical norms and social expectations. Without a doubt, that will basically be the net effect of these simplistic and ignorant guidelines which have been established to create awareness, identify and single out people or, in this case, children.

To what end, I wonder? What is the purpose of such a move to classify and label people? So that they can be dealt with, or in this case, to prevent them from becoming gays and lesbians? Without a doubt the so-called “symptoms” are superficial and reflect a mind-set dependent on pseudo-science, fear and ignorance to get the message across. Painting the programme as multi-religious and multi-cultural doesn’t make it right either.

So what happens when a group of students determine that a classmate fits these “symptoms”? When they have determined that this student is a lesbian or gay? Are they going to take matters into their hands and make him or her “straight”? In similar situations which have occurred here in Malaysia and around the world, this has resulted in mental and physical abuse, bullying, torture and even rape.

What happens when that child, depressed and facing abuse, decides to commit suicide or dies because of the physical abuse by self-anointed moral vigilantes?

This is why the Ministry of Women, Family and Community Development has deemed such actions which single out children for discrimination to be in violation of the 2001 Child Act. This is why we need to put a stop to such programmes which target our students, our children because they bring harm and cultivate prejudice and bigotry. These programmes are also illegal under Malaysian laws which protect children.

Who is going to be responsible if a child dies or is abused as a direct result of this awareness raising/prevention programme? Make no mistake, it will happen. Will the Yayasan Guru Malaysia, Putrajaya Consultative Council of Parents and Teachers Associations and Ministry of Education be there to take responsibility? Or will they wash their hands like Pontius Pilate?

Muhyiddin, every single one of us matters

by Sharifuddin Abdul Latiff, president of Malaysian Civil Liberties Movement (MCLM)

Note: This article is a response from the "guidelines to identify gay and lesbian symptoms" endorsed by the Malaysian Ministry of Education. 

MCLM objects to the Ministry of Education’s support and endorsement of guidelines purportedly designed to enable schools and parents to identify behaviour allegedly associated with the ‘LGBT’ community.

We’d like to tell education minister, Muhyiddin Yassin, that we are appalled by this decision because the MOE has arbitrarily taken upon itself a task and/or responsibility that is not mandated by law.

Your ministry’s primary and only purpose is to provide academic opportunities and infrastructure at all levels of the social strata for every Malaysian citizen.

The dangerous ‘spotting’ game

by Charles Santiago, Klang's DAP MP, FreeMalaysiaToday 

Note: This article is a response from the "guidelines to identify gay and lesbian symptoms" endorsed by the Malaysian Ministry of Education.  

Our kids need to learn to identify and protect themselves from sexual predators and not to label people based on their sexuality.

Chances are that now, instead of developing team building and learning to respect one another for who they are, our students will be busy looking out for boys with tight T-shirts and big handbags.

They will also subtly “sweep” every girl to figure out if she could possibly be a lesbian. In short, they would become adept at stereotyping.

This is what the Education Ministry has encouraged by endorsing “guidelines” to help parents to identify gay and lesbian “symptoms” in their children so that these “tendencies” could be nipped in the bud.

The right to be

by Petra Gimbad

Recently, cases involving minors purportedly giving consent to sexual intercourse have challenged Malaysian law, which clearly states that statutory rape is a crime. One would think that common sense dictates our values. With the recent case of the four transwomen who were arrested for wearing women's clothing, any right-thinking taxpayer would agree that upholding children's rights and respecting girls and women should take precedence over arresting transwomen simply for their choice of dress. 

Currently, transgender rights stand practically non-existent in Malaysia. In relation to a case awaiting judgment in the Negri Sembilan High Court as reported in "Our right to cross-dress" (Aug 31) where four transwomen were criminalised for cross-dressing, this is shocking in a country that prides itself for holding Asian values.

Following the case, a few friends and I had a chat about transgender rights.

"How is it that being a transgender is a choice, when these 'men' choose to wear dresses and eat hormones?" a friend asked. She was sympathetic and genuinely confused.

One of us was a transwoman. She responded with gentleness. "If it were a choice, I would not have to wear a dress or make-up. I could choose not to, because society discriminates against me. When I walk home, I am bullied by men when they realise I am a transwoman. Some of my friends are molested frequently or were raped.

Dear Malaysians

We hope that this will give someone out there hope for a better tomorrow.

We also hope that this will inspire you to stand up and speak up against homophobia and realise that it is a real issue that many Malaysians face.

Disclaimer: This video is not produced by Seksualiti Merdeka. We only wish to share this message of hope to all LGBTIQ-identifying Malaysians.

This video is also featured on MalaysiaKini.tv. You can check it out here.

APA Stands Up for Transgender, Gender-Variant Individuals

by Deborah Brauser, Medscape Medical News. 

The American Psychiatric Association (APA) has issued official position statements of support for access to healthcare and a repeal of laws and policies that discriminate against individuals who are transgender and gender variant.

In a release, the APA said it will advocate for the removal of barriers to care for gender transition treatment and for the protection of civil rights. The organization has supported lesbian and gay rights since 1973, when it removed homosexuality from the second edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-II), and now it wants to publicly support the transgender community.

"Transgender and gender variant people are frequently denied medical, surgical, and psychiatric care related to gender transition," notes the APA statement. The new position statements were created by the APA Caucus of Lesbian, Gay, and Bisexual Psychiatrists.

"The APA has officially put itself on record as being in support of these issues. Being transgender should not imply that a person is not a fully capable citizen," Jack Drescher, MD, who is coauthor of the statements and who is a training and supervising analyst at the William Alanson White Institute of Psychiatry, Psychoanalysis and Psychology in New York City, told Medscape Medical News.

"Homophobic intolerance driven by fear has no place in modern Malaysia"

SUARAM call upon the Principle Politicians in BN and Pakatan Rakyat to take a Stand on Human Rights for LGBT
Press Statement: 25 July 2012

SUARAM condemns the discriminatory statements against the lesbian, gay, bisexual, and transgender (“LGBT”) community made by both the opposition leader Anwar Ibrahim and Prime Minister Najib Razak. On 18th July 2012, the opposition leader Anwar Ibrahim stated that the law against homosexuals is needed in order to protect the sanctity of heterosexual marriages and that archaic laws must be reviewed to prevent the innocent from being penalised. On 19th July 2012, Prime Minister Najib Razak said that LGBT community along with liberalism and pluralism are enemies of Islam.

We recall the promises and commitments made by both leaders to uphold human rights i.e freedoms of expression, assembly and association in line with international standards.The act of singling out LGBT community to the public arena for contempt and discrimination is absolutely distasteful.

We view these statements as direct attacks as it proclaim the existence of discrimination against the LGBT community. The statements have certainly sent out a clear message that approves and justifies homophobic and Transphobic violence, abuse and harassment by the society. It must be made clear that LGBTs are not asking for any new or special rights. They are simply asking the government to live up to their promises and obligations in recognizing equality and non-discrimination for all human beings.

Pakatan Rakyat and ruling government have never had a principle holding on this issue and always find a way to berate and insult the LGBT community in Malaysia. SUARAM believes that the root cause of homophobia is fear and culture of homophobic intolerance driven by fear has no place in modern Malaysia. We should not allow fear to manifest itself into discrimination or in the dehumanisation of any human beings. Our progress towards building a more tolerant society should not be allowed to go into reverse gear.

LGBT trapped!

by Jackson Yee CS, MalaysiaKini

LGBT trapped in the political game of two political coalition in Malaysia. Now what?

What is diversity? Diversity means inclusiveness of multi races and multi religions only? Gender and sexual diversity is not “diversity”?

Our Deputy Prime Minister, Muhyiddin Yassin was reported to say that the rise of LGBTs threat could be curbed through effective counselling. Dr. Mashitah, Deputy Minister in PM’s department claimed that several NGOs are curbing the “spread” of LGBT “social problems”. UMNO MP, Baharum Mohamad said rehabilitation centre must be set up to cure the same-sex relationship from spreading the country and the  law minister in PM’s Department, Nazri Abdul Aziz claimed LGBTs are unconstitutional as their identities are against the teachings of Islam. Bayan Baru MP Zahrain Mohamad Hashim has proposed to pass a motion in Parliament to bar LGBT individuals from becoming MPs and senators.

Tend your own backyard first, Najib

by Jeswan Kaur, Free Malaysia Today

It is no secret that the LGBT communities have become the 'hunted' ones in Malaysia, with the police and religious authorities hounding them like poachers.

Should Malaysians feel offended that their leader Najib Tun Razak is more concerned over American president Barack Obama’s support for same sex marriages than worrying about his MPs back home who are corrupted, womanisers and who threaten the lives of the rakyat? 

Yes, the people of this country have every right to be livid with their sixth prime minister for getting his priorties wrong.

Instead of having sleepless nights because of Obama’s humility and respect for the marginalised communities, Najib should be very troubled by the antics of his fellow ministers and parliamentarians who are in fact “thugs” in guise.

Najib relayed his disappointment with Obama through a secretary, during his visit to the US recently.

Have a care with words

submission by The Sun Daily reader, A.M, from Shah Alam

I REFER to the word “deviant” used in connection with the LGBT community. Being gay, lesbian, transgender, or transsexual is not a personal choice, but rather an innate predisposition. There are many brave individuals in this country who choose to live these lifestyles openly, despite the risk of religious and social ostracism. 

There was a lot of buzz recently about religion and LGBT practices, especially with the controversy surrounding the book Allah, Liberty and Love. Author Irshad Manji’s support for the LGBT community is repeatedly mentioned in articles. What does it matter? Does her association with this community render her and her works even more heretical? 

Most of us fail to recognise that many of these individuals are hardworking members of Malaysia’s workforce who contribute to the economic development of this country. 

They are in contrast to the plethora of Mat Rempit, rapists, paedophiles and snatch thieves roaming our streets. It is about time words such as “deviant” be properly deviated to the deserving parties. 

For further reading and commentaries, please visit original article posted in The Sun Daily here.